CPA v. Keogh [2015] 1 JLR 390 (05 May 2015)
An employer may enforce restraint of trade clauses only to the extent necessary to protect trade secrets, not to prevent an employee from using their own skill, experience, know-how, and general knowledge.
- Citation
- [2015] 1 JLR 390
- Parties
- Employer: CPA; Employee: Keogh
- Jurisdiction
- Jersey
- Judgment Date
- 05 May 2015
- Procedural Posture
- Employment Dispute / Judgment
- Outcome
- restraint of trade clause limited to protection of trade secrets
- Legal Topics
- Restraint of Trade, Protection of Trade Secrets, Employee Skill and Knowledge
Case Brief
Summary, issues, holding and outcome
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Parties
CPA
Employer
Keogh
Employee
Procedural Posture
Employment Dispute / Judgment
Legal Issues
- 1 Whether the employer is entitled to protect trade secrets through restraint of trade clauses
- 2 Whether an employer can restrain an employee from using their own skill, experience, know-how, and general knowledge
Ratio Decidendi
An employer may enforce restraint of trade clauses only to the extent necessary to protect trade secrets, not to prevent an employee from using their own skill, experience, know-how, and general knowledge.
Court Disposition
restraint of trade clause limited to protection of trade secrets
Full Case Text
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